LAW5611 Comparative issues in patent law
Faculty of Law
LAW5611 Comparative issues in patent law is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2021. It has no prerequisites.
- Credit points
- 6
- Offered in 2021
- Not offered
This is the 2021 handbook entry. See the 2027 entry.
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Overview
This unit will examine from an international and comparative perspective some fundamental questions that arise in patent law:
- Why is a twenty year monopoly in the form of a patent available for inventions? We will critically analyse this question with reference to the origins of patent laws and with reference to the varied past and present rationales that support patent protection;
- What subject matter should patent law protect? In particular, it will focus on the challenges posed to patent law by new and emerging technologies in areas such as higher life forms, methods of medical and surgical treatment, business and financial systems and genetic materials;
- Why can an inventor choose to keep an invention secret instead of seeking patent protection? We critically evaluate the justifications for inventors to have this choice; and
- What balance should exist between a patentee's exclusive rights and the public domain?
The unit will consider the obligations that relevant international treaties and conventions impose on member states in the design of their patent laws. Within the context of this international structure, it will immerse students in understanding and critically analysing how Australia and three other jurisdictions (selected from Canada, the United States of America, the European Union, the United Kingdom and New Zealand) approach the above questions. No technical background is required or expected, nor is any previous work in patent law needed.
Offerings in 2021
The 2021 handbook lists no offerings for LAW5611.
Learning outcomes
When you finish this unit, you should be able to:
- 1
Critically appraise: - the obligations that international treaties and conventions impose on member states; - the challenges that these obligations present for the design of domestic patent and trade secrecy laws; and - the manner in which domestic laws comply with these obligations.
- 2
Identify and evaluate the theoretical and policy concerns underpinning the patent system and its relationship with trade secret protection;
- 3
Critically analyse and evaluate, from a comparative perspective, national responses to each of the fundamental questions that this unit identifies for consideration;
- 4
Demonstrate advanced skills of independent research and critical analysis; and
- 5
Communicate effectively both as individuals and as part of a group, both orally and in writing.
Workload and teaching
36 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)
Where it fits
LAW5611 is part of 3 areas of study in the 2021 handbook.
Contacts
- Chief Examiners
- Professor Marilyn Pittard
Common questions
What are the prerequisites for LAW5611?
LAW5611 has no prerequisites.
When is LAW5611 offered?
LAW5611 has no offerings listed in the 2021 handbook.
Which majors and minors include LAW5611?
LAW5611 is part of Commercial and corporate law; Technology and innovation; and Transnational economic regulation.